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Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.

CPAP Accessories. 1st Violation was over a Mask. It WAS a Prescription Mask. I did not know because there were literally hundreds LISTED, and hundreds SOLD. But trying to work out that Violation, ebay was in the right, I was in the wrong. Mask label clearly had RX ONLY on it, and doing research that Mask IS a Prescription Only Mask. Ebay Rep just said make sure I research everything if it is in question, so I did. 

Policy States:

Medical devices that require a prescription can't be sold on eBay. Medical equipment that could be abused for unlawful means is also not permitted. Listings for items that are permitted must follow our policy.

It's important to check whether items can be sold on eBay before they are listed.

What is the policy?

Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:

  • Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing




2nd Violation involves a ResMed Humidair 11 39100 Reservoir Tank / Tub. It is the water reservoir for the ResMed Airsense 11 CPAP Machine.  Label on Tank DOES NOT  have the RX ONLY stamp on the label like the Mask did. So I Looked everything up just, RESEARCHED, to make sure I was good before I listed it. I even had a picture of the Label up, like ALL the other listings have, that shows there is NO RX ONLY stamp on the label. . 

Google - Is the Humidair 11 39100 Reservoir Tank a Prescription Item?"

A prescription is not required to purchase a replacement water chamber for the ResMed AirSense 11. This is because it's considered a consumable accessory, not a complete CPAP machine or mask.

Then you go to the BIG Websites that sell these Tanks, Tubs, and look at the Specifications:

CPAPsupplies////com

SKU              23459
Model        39100
HCPCS     A7046
UPC        6194988391004
Prescription Required     NO
Weight        .08 lbs
Color        Clear

CPAPsupplyusa///com

Manufacturer:ResMed

  • Brand:Resmed
  • Weight:0.484000
  • Prescription Required:No
  • Length:6 inches
  • Width:5.5 inches
  • Height:3.5 inches



But yet Ebay still dings me with this: 

Hello hotwheelsbum,

We reviewed your appeal of an action on your account. Upon further review, we’re unable to grant your appeal because the listings aren’t following our Medical devices and equipment policy. You listed an item that has been classified by the FDA as a PRESCRIPTION medical device.



IT IS NOT a PRESCRIPTION Medical Device. It is all over the Internet that you DO NOT have to have a Prescription to purchase this replacement tank, tub. I have talked to 2 Reps over this. One was reading off a script in a thick accent that I could not understand worth a flip, so I gave up and tried again the next day. Second Guy was down in Mexico and the Dude spoke perfect english. We went over everything. He even said that Tank was NOT on their "List", so he worked up a second appeal to send in and it's been 3 days, no word. He also told me that the "Appeals" division rarely answers any phone calls and lives in their own little world rarely making 2nd decisions on the appeals that come in, they're usually final. 

This is ridiculous. I did nothing wrong. I was TOLD to research, I RESEARCHED. This tank is NOT a Prescription Item. Bottom of appeal said this decision was discovered by a "User Report". Is another Seller f'ing with my Listings? I quit Facebook a LONG time ago. I don't have access to Ebay for Business any longer. Is there any other way to get this Policy Violation looked at? I don't care about the Tank. Screw the Tank, I'll throw it back in the closet. This 2nd Violation needs to be taken off. I don't need this 2nd strike my first month back, especially since I did Nothing wrong. Nothing.






Message 1 of 42
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41 REPLIES 41

Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.

Could be as simple as an item that is only allowed to be sold by approved sellers. 

You have posted a lot of information, but how about what was actually said in the messages from eBay? 

Those messages might hold the clues. 

No one here can see those messages, we are not eBay employees. We are other buyers and sellers. 

If you found the number on the internet, good chance you were not talking to anyone at eBay. 

eBay customer service is not in Mexico. 

Did you receive a call back using the Help/Contact? 

Message 2 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.

There is a relatively large community of people who are selling CPAP supplies on Ebay illegally. Many of them are selling supplies which their medical insurance has paid for and they did not use.

 

It is in Ebay's interest to minimize this activity, but they do not want to spend excessive amounts of money doing so.

 

The automated bots eliminate some of the unwanted listings, and if there are some errors, they do not represent a significant impact to Ebay revenue. 

 

Nothing is likely to change because Good Enough is Good Enough, and Ebay cannot be charged with selling prescription devices without a prescription because only the seller can.

Message 3 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.

@hotwheelsbum 

 

eBay has stated you do not have permission to list those items here. 

 

Find some other venue to sell that stuff. This is not the only option for online trade.

Message 4 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.

1800cpap///com

in BOTH the Description and Tech area:

AirSense 11 Standard Water Tank

This Product DOES NOT Require a Prescription

  • RX Required?: No


    DMEsupplyusa///com

  • Manufacturer:ResMed
  • Brand:Resmed
  • Weight:0.484000
  • Prescription Required:No
  • Length:6 inches
  • Width:5.5 inches
  • Height:3.5 inches
Message 5 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.


@dryophelia wrote:

@hotwheelsbum 

 

eBay has stated you do not have permission to list those items here. 

 

Find some other venue to sell that stuff. This is not the only option for online trade.


That's not the basis of my concern. 

Did you even READ what I posted. I don't care about listing the Tank. Screw the Tank.  Concern is about the Policy Violation. I DID NOT Violate any Policy. That 2nd Policy Violation needs to be removed. That's the basis of this inquiry. 

Have anything of value to add, help, assistance for what the actual reason for this discussion is about? 


Message 6 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.


@redmodelt wrote:

Could be as simple as an item that is only allowed to be sold by approved sellers. 

You have posted a lot of information, but how about what was actually said in the messages from eBay? 

Those messages might hold the clues. 

No one here can see those messages, we are not eBay employees. We are other buyers and sellers. 

If you found the number on the internet, good chance you were not talking to anyone at eBay. 

eBay customer service is not in Mexico. 

Did you receive a call back using the Help/Contact? 


Here is the First complete Message for the 2nd Policy Violation:

Learn more about this policy so you can follow it


Hello hotwheelsbum,

We had to remove one or more of your listings for not following our Medical devices and equipment policy. We understand that this must be frustrating. But don’t worry — we’re here to help!

What happened

Medical devices that require a prescription can’t be sold on eBay. Listings for other prescription devices must follow our rules.

You listed an item that has been classified by the FDA as a prescription medical device.

eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of prescription medical devices is regulated, we ask that you please not relist this item.

What this means for you

You can remain focused on your business. To protect you, we removed listings that didn't follow this policy. - We have credited any associated fees, except for transaction fees for your sold listing(s). 

These listings are still in your Active Listings folder in My eBay and Seller Hub so you can view them. However, new buyers can't purchase them, shoppers can't see them, and you will not be charged additional listing fees for them. You can end them to move them out of Active Listings.

Because we have notified you about this policy previously, we want to give you this final warning.
 
Listings that don't follow this policy in the future will be removed. In addition, there will be a temporary 3-day restriction placed on your account, and your other listings will be hidden from search during this period.  All fees paid or payable for listings that are removed and/or hidden from search will not be refunded or otherwise credited to your account.

This determination was made by a customer service agent. This came to our attention because of a user report.



Here is the complete Message that followed after I appealed it.

Status of your appeal

Hello hotwheelsbum,

We reviewed your appeal of an action on your account. Upon further review, we’re unable to grant your appeal because the listings aren’t following our Medical devices and equipment policy. You listed an item that has been classified by the FDA as a prescription medical device.

eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of prescription medical devices is regulated, we ask that you please not relist this item.

What this means for you:

We need you to take action to avoid listing items like this again.

  • Listings that didn’t follow this policy will remain removed or hidden until they can be edited to address the policy issue.
  • Any restrictions or suspensions that may have been placed on your account will remain in place.  Listings will automatically be restored and show up in search results after the end of any temporary restriction.
  • Please ensure that you understand our policy so that you follow it in future listings. Listings that don't follow this policy in the future may result in additional actions, which could include: restriction, suspension, hiding listings from search, ending listings, loss of seller rating, and forfeiture of fees. 

Here's a list of the items that didn't follow policy:
Item: 286746617186 HumidAir11 Standard 39100 - Water Reservoir Tank - NEW In Box
Reference ID: 2-196718998976

Thanks for giving us an opportunity to resolve this issue. If you have any questions or concerns, just get in touch and we’ll be happy to help.

Thanks,
eBay



Yes, Call came from Ebay. I did the Call Me Back thing here on Ebay when you go through AI Chat. ID Came up on my phone as Ebay. 801-545-1800. Guy told me he was in Mexico when I asked because of how perfect his English was, so obviously Ebay does have Reps in Mexico. We even talked about how it was raining there and he was dreading the Humidity that was going to happen after the rain since I'm here in Texas just north of him going through the same Humidity that comes after the rain in August.

Basis of this Inquiry is about the Policy Violation. Ebay is accusing me of listing a PRESCRIPTION only item. It is NOT  a Prescription item. I could care less about the Tank right now, I am being accused of Violating a Policy, of which I have not. 

Does this help? 

Message 7 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.

They don't allow cpap machines, accessories for cpap machines, parts for cpap machines.

I would assume it doesn't matter which part, it could be the power cord, it doesn't matter.

The solution to your problem is .... stop listing cpap stuff.

Zero To Sixty In Five - Pablo Cruise
Message 8 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.

 

 

I think this pretty much explains it.

 

What is the policy?

Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:

  • Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing

 

 

Even if it doesn't require a prescription, you can't sell it here.

 

 

Have a great day.
Message 9 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.


@kensgiftshop wrote:

 

 

I think this pretty much explains it.

 

What is the policy?

Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:

  • Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing

 

 

Even if it doesn't require a prescription, you can't sell it here.

 

 


Then the Policy needs to say NO CPAP ITEMS, Equipment, Accessories, or Parts can be sold on ebay. That way if you list ANY CPAP item you are Violating the Policy. 

Policy says what it says. How hard is that interpret? 

I did not Violate what the Policy says no matter what you think the Policy should be, think what the policy should say.  My item DID NOT Violate the Policy as it is written TODAY. 

Does that explain it to you? 

Hope so. 

Message 10 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.


@inhawaii wrote:

They don't allow cpap machines, accessories for cpap machines, parts for cpap machines.

I would assume it doesn't matter which part, it could be the power cord, it doesn't matter.

The solution to your problem is .... stop listing cpap stuff.


Policy says items that REQUIRE A PRESCRIPTION, not parts and accessories that are NOT Prescription items. Both Ebay and Amazon have thousands of NON PRESCRIPTION accessories and parts listed and selling. If the Policy covers NO CPAP Machines, Accessories or Parts, then the Policy needs to state that and no Buyer on Ebay should even be seeing the thousands and thousands of  Accessories and Parts listed, nor should there even be thousands and thousands of these parts and accessories being SOLD on ebay today, in the past. 

Ebay has a HUGE Policy against selling weapons and ammunition. Can you find any weapons and ammunition listed on ebay today? No you can not. But, there are literally millions of weapon related accessories and parts on ebay. (Holsters, Belts, Scopes, so on) Ebay doesn't allow CPAP machines. Can you find any CPAP Machines on ebay? No you can not. Can you find parts and accessories that DO NOT REQUIRE A PRESCRIPTION? Yes you can. By the thousands. 

And, I have no issue not selling CPAP parts. My issue is what having a Policy Violation strike against me when I have NOT Violated any Policy. 

Message 11 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.

You may be able to appeal and get somewhere, but don't appeal to the telephone reps, they are useless. Reach out to ebay on social media, those reps are better trained/more knowledgeable. 

 

Good luck!

Message 12 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.


@worldcoinauctions wrote:

You may be able to appeal and get somewhere, but don't appeal to the telephone reps, they are useless. Reach out to ebay on social media, those reps are better trained/more knowledgeable. 

 

Good luck!


Thanks. Best reply so far. And, something I already knew. Most ebay Reps are just trained Monkeys reading from a Script. Something I also pointed out when ebay sent me their "How Did We Do" surveys after dealing with that first Rep I dealt with. BUT, I quit ALL Social Media a couple of years ago. Facebook, Twitter, Instagram, all those Soul sucking venues that sucks the common sense and common decency out of people. Case in point here with a couple of replies (opinions) here. Don't really want to go back down that hell hole to solve this simple issue here. 👍

Message 13 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.

Wrong. We’re not eBay reps, just volunteers. 

Ive always interpreted that policy to mean any accessory meant to be used with a prescription only item cannot be listed on here. Maybe YOUR interpretation of the policy is wrong.

 

And unfortunately, guns and ammos do get listed. Most get pulled but some transactions go through. Still not an argument in favor of your interpretation of the rx only items policy.

Message 14 of 42
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Re: Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.


@hotwheelsbum wrote:

@kensgiftshop wrote:

 

 

I think this pretty much explains it.

 

What is the policy?

Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:

  • Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing

 

 

Even if it doesn't require a prescription, you can't sell it here.

 

 


Then the Policy needs to say NO CPAP ITEMS, Equipment, Accessories, or Parts can be sold on ebay. That way if you list ANY CPAP item you are Violating the Policy. 


Isn't that what it says?

 

"including:

  • Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing"

 

Have a great day.
Message 15 of 42
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